The Dangers of Medical Negligence in Delivery Rooms

A standard birth lasts for 39 to 40 weeks, but certain situations can lead to an infant needing to be born early. A mother may go into labor early or suffer from a medical condition that means the infant needs to be removed from the womb immediately. In any case, doctors and nurses should follow proper procedures to ensure an infant is born with the best advantages and that the mother is taken care of. If the medical staff fails to properly respond to the signs of a premature birth or do not give proper treatment after a birth, it can result in serious birth injuries to both infants and mothers.

We at Wingate, Russotti, Shapiro & Halperin, LLP believe that mothers and infants should be given the best standard of care by their doctors, and when medical providers fail in this regard, they should be held accountable. Our New York premature birth injury attorneys have the skills, knowledge, and expertise to investigate your child’s injuries and advocate for the highest possible award in a medical malpractice claim or jury trial, if necessary. Call us at (212) 986-7353 to discuss your case in a free consultation.

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How Doctors Should Respond to Premature Births

A premature birth brings up a lot of anxiety and fear about your child’s future. A child is considered viable after 24 weeks in a womb and is capable of surviving a premature birth, but they require consistent and reliable care from attentive healthcare providers to give them the best chance possible. Prior to 24 weeks, a child may have a difficult time surviving and may have developmental issues.

Premature births are predictable if doctors pay attention to the symptoms. Mothers are at a great risk of going into labor prematurely if they:

  • Are having twins
  • Have a history of premature births
  • Have an infection
  • Experience pregnancy complications
  • Have kidney disease
  • Have a clotting disorder

Doctors should access a patient’s medical history and prepare for the likelihood of a premature birth in the early stages of pregnancy, which includes informing the mother of the risk. As the pregnancy progresses, doctors can also determine if a mother is going into labor early by keeping an eye out for other symptoms a mother may experience, such as:

  • Menstrual cramps
  • Abdominal cramps
  • Vaginal bleeding
  • Reduced infant movement
  • An increase in vaginal discharge
  • Pressure in the vagina or pelvis
  • Uterine contractions that are within 10 minutes apart
  • Dull or tight backache

These symptoms may be a sign that the birth is near or that there is an underlying issue the mother or infant is experiencing. Doctors should perform the proper tests and evaluate the situation to prepare a plan of action. A premature birth can be prevented in some cases to give the child more time to develop, and doctors can administer steroids to increase their development. When the birth is not preventable, doctors should act fast to ensure a healthy delivery.

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Birth Injuries Caused by Premature Births

Premature births are not always dangerous so long as doctors administer the best standard of care during the delivery, but they can cause serious injuries. Doctors should be aware of the risk of injury and take steps to keep the child healthy. If a doctor fails to identify a premature birth or commits another act of negligence during the delivery, it can result in serious birth injuries like:

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Identifying Negligence in New York Birth Injury Claims

Premature birth injuries can be prevented if a doctor properly evaluates a mother’s conditions and provides appropriate treatment before and during the delivery. If a doctor does not follow the standard of care while treating a pregnant mother or an infant, it can be considered an act of medical negligence. These actions can include:

  • Failing to diagnose a premature birth based on the available evidence
  • Failing to monitor a mother during her pregnancy or a newborn after birth
  • Failing to warn a mother of the risks of a premature birth and treatment
  • Failing to provide the proper medication for a mother's or infant’s condition
  • Ordering bed rest instead of evaluating a mother for premature labor

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Standing Up for Your Family

The risks of a premature birth can be minimized when a doctor or hospital follows proper procedures for early deliveries. Unfortunately, if the medical staff breaks protocol, an infant or mother can suffer catastrophic injuries. If you or your child suffered a birth injury during a premature birth due to medical negligence, our New York medical malpractice lawyer can advocate for full compensation in a birth injury claim. We have spent decades fighting for parents and injured infants throughout New York and can provide you with the same level of legal expertise. Call Wingate, Russotti, Shapiro & Halperin, LLP at (212) 986-7353 today to get a free case evaluation and learn how to get compensation for your newborn’s injuries.

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Our Birth Injury Case Results

$10 Million - Suit Alleging Failure to Timely Perform C-Section

WRSMH attorney Philip Russotti obtained a $10 Million mediation settlement for failure to timely perform a Cesarean Section. The case was venued in Orange County, NY.

Philip Russotti

$6 Million - New York Birth Injury

WRSMH attorney, Phil Russotti, obtained a $6 million settlement for our client whose child suffered severe brain damage during birth.

Philip Russotti

$4.75 Million - New York Fetal Distress

We claimed that the baby should have been delivered by emergency C-Section or forceps delivery. He was ultimately diagnosed with cerebral palsy and spastic quadriparesis.


$3.9 Million - New York Birth Injury Case

Attorney Philip Russotti argued that as a result of this negligence, the child suffered hypoxia which resulted in mild retardation, severe ADHD and social isolation as well as difficulties with fine motor skills.

Philip Russotti

$1.3 Million - Infant-Plaintiff Suffered Brachial Plexus Injury at Birth

WRSMH obtained a $1,300,000 jury verdict, after a three week medical malpractice trial in Staten Island, on behalf of a 6-year-old girl who suffered a brachial plexus injury known as Erb's palsy.


$1.08 Million - Injuries Sustained by Baby Girl at Birth

We claimed that the hospital was negligent for not intervening and performing a cesarean section in light of the mother's failure to adequately progress in labor.

Clifford Shapiro

Click here to see more NY Birth Injury Verdicts & Settlements